LIVERMORE, Presiding Judge.
On evidence tending to establish that defendant and another entered a business, demanded money, and ordered a clerk to move as directed, the jury convicted defendant of burglary, acquitted him of kidnapping, and was unable to reach a verdict on robbery. Contending that retrial of the robbery charge would violate double jeopardy, defendant successfully moved for a dismissal of that charge. The state appeals that ruling. We affirm.
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